AB 105

Version: Amended+Senate
Author: Committee on Budget (A) - (Assembly Members Ting (Chair)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

AB 105

Version: Amended+Senate
Author: Committee on Budget (A) - (Assembly Members Ting (Chair)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

AB 105

Version: Amended+Senate
Author: Committee on Budget (A) - (Assembly Members Ting (Chair)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

AB 105

Version: Amended+Senate
Author: Committee on Budget (A) - (Assembly Members Ting (Chair)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

AB 105

Version: Amended+Senate
Author: Committee on Budget (A) - (Assembly Members Ting (Chair)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.

AB 105

Version: Amended+Senate
Author: Asm. Phil Ting (D-CA)



Introduced by Committee on Budget (Assembly Members Ting (Chair), Arambula, Bloom, Caballero, Chiu, Cooper, Cristina Garcia, Jones-Sawyer, Limón, McCarty, Medina, Mullin, Muratsuchi, O'Donnell, Rubio, Mark Stone, Weber, and Wood)

January 10, 2017


An act to amend Section 8212 of the Education Code, to amend Section 17706 of the Family Code, to add Section 12087.6 to the Government Code, to amend Sections 1522, 1522.41, 1529.2, and 1596.871 of the Health and Safety Code, and to amend Sections 304.7, 11212, 11253.4, 11403, 11461.4, 11464, 11465, 12300.4, 13303, 13304, 13305, 14132.99, 16206, 16501.1, 16519.5, 16521.5, 17601.75, and 18926 of, to amend the heading of Chapter 4.6 (commencing with Section 10830) of Part 2 of Division 9 of, to amend and repeal Sections 10830 and 11253.45 of, to amend, repeal, and add Sections 11325.5, 11325.7, 11325.8, and 11461.3 of, to add Sections 369.6, 739.6, 10072.2, 10831, 11325.15, 11461.6, 11523, 13307, 13308, 15204.35, 18926.1, and 18926.2 to, to add Article 3.7 (commencing with Section 11340) to Chapter 2 of Part 3 of Division 9 of, to add and repeal Section 18901.25 of, and to repeal Section 14124.93 of, the Welfare and Institutions Code, relating to human services, and making an appropriation therefor, to take effect immediately, bill related to the budget. the Budget Act of 2017 (Chapter 14 of the Statutes of 2017) by amending Item 9100-101-0001 of Section 2.00 of, and amending Section 39.00 of, that act, relating to the state budget, and making an appropriation therefor, to take effect immediately, budget bill.


LEGISLATIVE COUNSEL'S DIGEST


AB 105, as amended, Committee on Budget. Human services. Budget Act of 2017.
The Budget Act of 2017 made appropriations for the support of state government for the 2017–18 fiscal year. Among other things, the act appropriated $7,000,000 from the General Fund for grants for cities and counties that participate in the federal Local Update of Census Addresses Program and for the Department of Finance to use for costs related to hiring a Census Outreach Coordinator for specified fiscal years.
This bill would instead authorize the $7,000,000 to be used for the grants and, up to 5% of the appropriation, for administrative costs to support the federal Local Update of Census Addresses Program and other activities related to the 2020 federal decennial census. By changing the purpose for which the funds may be used, the bill would make an appropriation. The bill would also make other changes.
This bill would declare that it is to take effect immediately as a Budget Bill.

(1)Existing law requires the Department of Community Services and Development to develop and administer the Energy Efficiency Low-Income Weatherization Program and expend moneys appropriated by the Legislature for the proposes of the program.

This bill would require the department, for any appropriation to the department for the Energy Efficiency Low-Income Weatherization Program in the 2017–18 fiscal year, or any fiscal year thereafter, in its contract procurement processes for single-family energy efficiency and renewable energy services, to develop new program processes and solicitations, as specified.

(2)Under existing law, the parents of a minor child are responsible for supporting the child. Existing law establishes the Department of Child Support Services, which administers all federal and state laws and regulations relating to child support enforcement obligations. Existing law requires each county to maintain a local child support agency that has responsibility for promptly and effectively enforcing child support obligations. Existing law also establishes within the state's child support program a quality assurance and performance improvement program. Existing law provides that the 10 counties with the best performance standards shall receive an additional 5% of the state's share of those counties' collections that are used to reduce or repay aid that is paid under the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Existing law requires these additional funds received by a county to be used for specified child support-related activities. Existing law suspends the payment of this additional 5% for the 2002–03 to 2016–17 fiscal years, inclusive.

This bill would extend the suspension of the additional 5% payments through the 2018–19 fiscal year.

(3)Existing law requires the State Department of Social Services, before and, as applicable, subsequent to issuing a license or special permit to any person to operate or manage a community care facility or a day care facility, to secure from an appropriate law enforcement agency a criminal record regarding the applicant and other specified persons, including those who will reside in the facility and employees and volunteers who have contact with the clients or children, as specified. Existing law generally prohibits the Department of Justice or the State Department of Social Services from charging a fee for fingerprinting or obtaining the criminal record of an applicant for a license or special permit to operate a community care facility providing nonmedical board, room, and care for 6 or fewer children, an applicant to operate or manage a day care facility that will serve 6 or fewer children, or an applicant for a family day care license, as specified. Existing law suspends the operation of that prohibition against charging a fee, however, through the 2016–17 fiscal year.

This bill would extend through the 2018–19 fiscal year the suspension of the prohibition against charging a fee for fingerprinting or obtaining a criminal record pursuant to the provisions described above, thereby permitting those departments to charge a fee for those services.

(4)Existing law establishes the Medi-Cal program, which is administered by the State Department of Health Care Services, under which qualified low-income persons receive health care services. Existing law requires the Department of Child Support Services to provide payments to the local child support agency of $50 per case for obtaining 3rd-party health coverage or insurance of Medi-Cal beneficiaries, to the extent that funds are appropriated in the Budget Act. These payments are suspended for the 2003–04 to 2016–17 fiscal years, inclusive.

This bill would delete the requirement that the Department of Child Support Services provide the above-described payments to local child support agencies.

(5)Existing law authorizes only a juvenile court judicial officer to make orders regarding the administration of psychotropic medications for a dependent child or a ward who has been removed from the physical custody of his or her parent. Existing law requires that court authorization, except in an emergency situation, as specified, for the administration of psychotropic medication be based on a request from a physician, indicating the reasons for the request, a description of the child's or ward's diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. Existing law requires the officer to approve or deny the request for authorization to administer psychotropic medication, or set the matter for hearing, as specified, within 7 court days.

This bill would require the State Department of Social Services (DSS), in consultation with the State Department of Health Care Services (DHCS), to contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county, as specified. The bill would require DSS to issue, by July 1, 2018, guidance regarding the second opinion review process. The bill would specify that it would not supersede any county-operated second opinion review program, or prohibit the administration of medication in an emergency, as specified. The bill would require DHCS to seek specified federal approval for purposes of the bill, and would provide that the second opinion review service required by the bill would be implemented only if, and to the extent that, any necessary federal approvals are obtained by DHCS and federal financial participation is available and is not otherwise jeopardized.

(6)Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states. California's version of this program is CalWORKs. Under the CalWORKs program, each county provides cash assistance and other benefits, through a combination of state and county funds and federal funds received through the TANF program, to qualified low-income families and individuals who meet specified eligibility criteria.

Under the CalWORKs program, recipients are required to participate in specified welfare-to-work activities, unless an exception applies. Existing law requires, if there is a concern that a mental disability exists that will impair the ability of a recipient to obtain employment, the recipient to be referred to the county mental health department and requires the mental health department to evaluate the recipient and determine any treatment needs. Existing law requires the county to include a plan for the development of mental health employment assistance services with the goal of treatment of mental or emotional disabilities that may limit or impair the ability of a recipient to make the transition from welfare to work, and specifies that mental health services available pursuant to these provisions include, among other things, assessment, case management, and treatment and rehabilitation services.

This bill would instead require, on and after July 1, 2017, and until July 1, 2018, the recipient to be referred to the county mental health department or a community-based provider for evaluation and determination of treatment needs. This bill would also authorize mental health services to include the provision of mental health assessment, case management, and treatment and rehabilitation services for children of CalWORKs recipients.

Existing law requires the county to include a plan for the provision of substance abuse treatment services to recipients whose substance abuse creates a barrier to employment, and requires the services to include evaluation, substance abuse treatment, employment counseling, provision of community service jobs, or other appropriate services.

This bill would authorize, on and after July 1, 2017, and until July 1, 2018, the substance abuse treatment services to include the provision of substance abuse evaluation, determination of necessary treatment, and substance abuse treatment for children of CalWORKs recipients.

The bill would require, during the 2017–18 fiscal year, the State Department of Social Services and the State Department of Health Care Services to work with the Department of Finance, the County Welfare Directors Association of California, and the County Behavioral Health Directors Association of California to evaluate the current process by which adult and child recipients of CalWORKs benefits are referred to and receive mental health and substance abuse services through the county behavioral health system, as specified. The bill would require the departments to update the Legislature on the evaluation as part of the 2018–19 budget subcommittee hearings.

(7)Existing law, at the time a recipient enters the welfare-to-work program, requires the county to conduct an appraisal, during which the recipient is informed of the requirement to participate in allowable welfare-to-work activities and of the provision of supportive services, as specified. Existing law requires the appraisal to gather and provide information about the recipient in specified areas, including, among others, employment history, educational history, and physical and behavioral health. Existing law requires the county to utilize a standardized appraisal tool in order to assess strengths for, and barriers to, work activities. Existing law requires the State Department of Social Services to develop or select the tool, in consultation with stakeholders, as specified.

This bill would require the department to, among other things, expedite any necessary steps to obtain any necessary licenses to allow the Online CalWORKs Appraisal Tool (OCAT) to function as a shared service in the Statewide Automated Welfare System (SAWS) environment, and would require OCAT to become a shared service in the SAWS environment, consistent with the state's shared services strategy.

(8)Existing law establishes the Cal-Learn Program, under which a recipient of CalWORKs aid who is under 19 years of age and who does not have a high school diploma or its equivalent is required to participate in the program as a student attending school on a full-time basis. Existing law provides for a supplement to, or a reduction in, a Cal-Learn participant's aid grant based on his or her performance in school.

This bill would create the CalWORKs Educational Opportunity and Attainment Program. The bill would provide CalWORKs recipients with a one-time education incentive award of $100 for completion of a high school diploma or its equivalent. The bill would authorize a CalWORKs recipient to apply to receive a one-time education stipend totaling $1,000 for enrollment in an education or training program leading to a career technical education program certificate, an associate's degree, or a bachelor's degree. The bill would require a CalWORKs recipient who applies for an education incentive award or stipend to submit evidence of completion of a high school educational program, or enrollment in an education or training program, as applicable, to the county. The bill would require the county, upon verification, as specified, to certify that the recipient is eligible for the award or stipend and to pay the recipient the award or issue the stipend, as applicable. By imposing additional administrative duties on counties, this bill would impose a state-mandated local program.

(9)Existing law requires the State Department of Social Services to develop a research design to ensure a thorough evaluation of the direct and indirect effects of the CalWORKs program, including, among others, employment, earnings, and self-sufficiency.

This bill would additionally require the department, by July 1, 2019, to establish the California CalWORKs Outcomes and Accountability Review (Cal-OAR) to facilitate a local accountability system that fosters continuous quality improvement in county CalWORKs programs and in the collection and dissemination by the department of best practices in service delivery. The bill would require the Cal-OAR to cover CalWORKs services provided to current and former recipients, to include the programmatic elements that each county offers as part of its CalWORKs service array and any local program components, and to consist of performance indicators, a county CalWORKs self-assessment process, and a county CalWORKs system improvement plan. By requiring counties to undertake additional duties in the implementation of the Cal-OAR, this bill would impose a state-mandated local program.

(10)Existing law establishes the Local Revenue Fund, a continuously appropriated fund, that allocates Vehicle License Fund moneys and sales tax moneys. Existing law requires cities and counties that receive funds from the Local Revenue Fund to establish and maintain a local health and welfare trust fund comprised of specified accounts, including a family support account. Existing law requires that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants.

Existing law declares the intent of the Legislature that the annual Budget Act appropriate state and federal funds in a single allocation to counties for the support of administrative activities undertaken by the counties to provide CalWORKs benefit payments, required work activities, and supportive services, as specified.

This bill would instead require that the funds deposited in the family support account be used by each county and city and county that receives an allocation of those funds to pay an increased county contribution toward the costs of CalWORKs grants, a county contribution toward the costs of the CalWORKs single allocation, as specified, or both, as determined by the Department of Finance. By authorizing the expenditure of funds in the family support account, which is allocated and appropriated from the continuously appropriated Local Revenue Fund, for a new purpose, the bill would make an appropriation.

This bill would also require the State Department of Social Services to work with representatives of county human services agencies and the County Welfare Directors Association to develop recommendations for revising the methodology used for development of the CalWORKs single allocation annual budget, as specified.

(11)Existing law requires the State Department of Social Services and the California Health and Human Services Agency Data Center to design, implement, and maintain a statewide fingerprint imaging system for use in connection with the determination of eligibility for benefits under the CalWORKs program, excluding the Aid to Families with Dependent Children-Foster Care program.

This bill would require the State Department of Social Services to implement and maintain an automated, nonbiometric identity verification method for the CalWORKs program. The bill would require the department to report to the Legislature no later than November 1, 2017, regarding options for the design, implementation, and maintenance of the verification method and to evaluate the verification method and report to the Legislature, as specified, regarding prescribed criteria. The bill would make the statewide fingerprint imaging system inoperative upon implementation of the nonbiometric identity verification method, if that implementation occurs prior to April 1, 2018, or, if the Director of Social Services requires additional time for implementation of that method, as specified, upon implementation of that method, or June 30, 2018, whichever is sooner.

(12)Existing law, the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, requires foster care providers to be paid a per-child per-month rate, established by the State Department of Social Services, for the care and supervision of the child placed with the provider. Under existing law, a child who is placed in the approved home of a relative is eligible for AFDC-FC if he or she is eligible for federal financial participation in the AFDC-FC payment, as specified.

Existing law establishes the Approved Relative Caregiver Funding Option Program (ARC), in counties that choose to participate, for the purpose of making the amount paid to relative caregivers for the in-home care of children placed with them who are ineligible for AFDC-FC payments equal to the amount paid on behalf of children who are eligible for AFDC-FC payments. Existing law requires a county that has opted into the ARC Program to pay an approved relative caregiver a per child per month rate that is equal to the basic rate paid to foster care providers and that is funded, in part, through the CalWORKs program.

Existing law also generally requires a child who has been placed in the home of a relative who has been approved as a resource family to receive a grant that equals the resource family basic rate at the child's assessed level of care.

This bill would, effective July 1, 2017, repeal the latter provision and instead require counties to participate in the ARC Program. The bill would also extend eligibility for ARC benefits to certain nonminors. Because this bill would impose new duties on counties, this bill would impose a state-mandated local program.

Existing law specifies the manner in which ARC is funded, including by appropriating from the General Fund, for every 12-month period commencing with the period of July 1, 2016, to June 30, 2017, inclusive, an amount calculated pursuant to a specified formula.

This bill would delete those provisions.

Existing law establishes the Tribal Approved Relative Caregiver Funding Option Program and requires participating tribes that opt to participate in the program to pay an approved relative caregiver a per child per month rate, as specified, in return for the care and supervision of an AFDC-FC ineligible child placed with the approved relative caregiver if the participating tribe has notified the department of its decision to participate in the program, as specified, and certain requirements are met, including that the child resides in California. Existing law authorizes a tribe, after the 2016–17 fiscal year, to participate in the program by notifying the department on or before January 1 that it intends to begin participation on or after the following July 1 and authorizes a tribe to opt out of the program by providing notice to the department and to all approved relative caregivers to whom the tribe is making payments under the program, as specified.

This bill would make various changes to that program including, among other things, by instead authorizing a tribe to begin participating in Tribal ARC on any date provided the tribe gives the department at least 60 days prior notice of that fact and by deleting the above-described provisions relating to a tribe opting out of participation in the program.

Existing law establishes a rate that is paid for 24-hour out-of-home care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving AFDC-FC. Existing law also establishes a rate that is payable for the care and supervision of a dependent infant who is living with a parent who receives AFDC-FC.

This bill would also make those rates applicable for the care and supervision provided to children and eligible nonminor dependents who are both consumers of regional center services and receiving ARC payments and for the care and supervision of a dependent infant who is living with a parent who receives ARC payments. By imposing additional administrative duties on the counties, the bill would create a state-mandated local program.

Because moneys from the General Fund are continuously appropriated to defray a portion of county costs under the CalWORKs program, the bill would make an appropriation.

(13)Existing law defines "care and supervision" for purposes of AFDC-FC to include, among others, food, clothing, shelter, and daily supervision.

This bill would, commencing January 1, 2018, establish the Emergency Child Care Bridge Program for Foster Children (bridge program). The bill would authorize county welfare departments to administer the bridge program and distribute vouchers, or payment, for child care services for an eligible child who is placed with an approved resource family, a licensed or certified foster family, or an approved relative or nonrelative extended family member, or who is the child of a young parent involved in the child welfare system. The bill would require, for counties that choose to participate, that county welfare departments determine eligibility for the bridge program and provide monthly payment either directly to the family or to the child care provider or provide a monthly voucher for child care, in an amount that is commensurate with the regional market rate, for up to 6 months following the child's initial placement, unless the child and family are able to access long-term, subsidized child care prior to the end of the 6-month period. The bill would allow eligibility for a child care payment or voucher to be extended for 6 months, at the discretion of the county welfare department, if the child and family have been unable to access long-term, subsidized child care during the initial 6-month period. The bill would require that each child receiving a monthly child care payment or voucher be provided with a child care navigator, as specified, and would authorize the county to establish local priorities in the implementation of the bridge program.

(14)Existing law establishes the California Child Care Initiative Project for certain purposes, including increasing the availability of qualified child care programs in the state and establishing child care resource and referral programs to serve a defined geographic area.

This bill would require each child care resource and referral program to provide a child care navigator to support children in foster care, children previously in foster care upon return to their home of origin, and children of parents involved in the child welfare system. The bill would also require the child care resource and referral program to provide trauma-informed training and coaching to child care providers working with children, and children of parenting youth, in the foster care system.

(15)Existing law requires a county social worker to create a case plan for foster youth within a specified timeframe after the child is introduced into the foster care system. Existing law requires the case plan to include prescribed components, including, among other things, for youth in foster care 14 years of age and older and nonminor dependents, a document that describes the youth's rights with respect to education, health, visitation, and court participation, the right to be annually provided with copies of his or her credit reports at no cost, and the right to stay safe and avoid exploitation.

This bill would additionally require, for a youth in foster care 10 years of age and older who is in junior high, middle, or high school, and for certain nonminor dependents, the case plan to be reviewed annually, and updated as needed, to verify that the youth or nonminor dependent has received comprehensive sexual health education, as specified, and to be updated annually to indicate that a youth or nonminor dependent has been informed, among other things, that he or she may access age-appropriate, medically accurate information on reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention and abstinence. The bill would require the case plan to indicate that the youth or nonminor dependent has been informed how to consent to and access those services, including facilitating that access and assisting with any identified barriers to care, as specified. By imposing additional duties on county social workers and probation officers, the bill would impose a state-mandated local program.

Existing law requires foster care providers to ensure that adolescents who remain in long-term foster care receive age-appropriate pregnancy prevention information, provided that the department develops guidelines that describe the duties and responsibilities of foster care providers and county case managers in delivering pregnancy prevention services and information.

This bill would require the department to develop a curriculum for case management workers and foster care providers that addresses certain topics related to sexual and reproductive health care, including, among others, how to document sensitive health information, including sexual and reproductive health issues, in a case plan. The bill would also require these topics to be addressed in certain additional training, including, among others, training for administrator certification programs for group homes and short-term residential therapeutic programs.

(16)Existing federal law provides for the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.

Existing federal law, except as specified, limits a participant who is an able-bodied adult without dependents (ABAWD) to 3 months of CalFresh benefits in a 3-year period unless that participant has met specified work participation requirements. Existing federal law authorizes a waiver of that time limit upon the request of a state if it is determined that the area in which the individuals reside has an unemployment rate of over 10% or does not have a sufficient number of jobs to provide employment for the individuals. Existing law directs the State Department of Social Services to annually seek a federal waiver of this limitation, and provides that an eligible county is included in this waiver unless the county declines to participate in the waiver request.

This bill would, among other things, remove the authority for a county to decline to participate in the waiver, thereby making the waiver applicable to all eligible counties. The bill would also, when a county is not eligible for a countywide waiver, authorize a county to request that the department apply for the waiver for one or more eligible subareas of the county, and would require the department to seek the waiver, as specified. The bill would, to the extent not prohibited by federal law and guidance, require the department to ensure that all recipients subject to the federal ABAWD time limit described are permitted to meet the work requirements of the time limit through all forms of work, including, but not limited to, volunteer work at a nonprofit organization or a public institution that the recipient chooses, if the county can verify the hours of participation using a process to be established by the department no later than January 1, 2018. The bill would also, to the extent not prohibited by federal law and guidance, exempt any person who is homeless from the federal ABAWD time limit. To the extent that the bill would expand eligibility for CalFresh, which is administered by counties, the bill would impose a state-mandated local program.

(17)Existing law provides for the county-administered In-Home Supportive Services (IHSS) program, administered by the State Department of Social Services and counties, and under which qualified aged, blind, and disabled persons are provided with supportive services. Existing law establishes the Medi-Cal program, administered by the State Department of Health Care Services, and under which qualified low-income individuals receive health care services. Existing law authorizes certain Medi-Cal recipients to receive waiver personal care services, as defined, in order to allow the recipients to remain in their own homes.

Existing law prohibits a provider of in-home supportive services or waiver personal care services, or both, from working a total number of hours within a workweek that exceeds 66 hours, as specified. Existing law prohibits the provision of services by the provider to an individual recipient from exceeding the total weekly hours of the services authorized to that recipient, except as specified.

This bill would establish 2 types of exemptions from the 66-hour workweek limit for a provider of in-home supportive services who provides services to 2 or more recipients. The bill would require the provider to meet certain conditions on or before January 31, 2016, for the first type of exemption. For the 2nd type of exemption, the bill would require each recipient to have at least one of specified circumstances that puts the recipient at serious risk of placement in out-of-home care if the services could not be provided by that provider. The bill would authorize an IHSS provider with an approved exemption to work up to 360 hours per month combined for the recipients, as specified.

This bill would require the county to inform recipients whose providers may be eligible for an exemption, as specified, about the exemptions and the application process. The bill would require the county to review the requests for consideration for the 2nd type of exemption, as specified. The bill would require the county to mail a written notification letter to the provider and the recipients of its approval or denial, with other specified information if the exemption is denied. The bill would require the county to record the number of requests received, and those approved or denied, and to submit the numbers to the State Department of Social Services. By creating new duties for counties relating to exemptions for IHSS providers, the bill would impose a state-mandated local program.

This bill would authorize a provider or a recipient to request a review by the State Department of Social Services, independent of the county's decision, regarding the denial of the 2nd type of exemption. The bill would set forth certain terms and procedures for the review. The bill would require the department, among other things, to record the number of requests for review and those approved or denied. The bill would require the posting of the county and department numbers on the department's Internet Web site, as specified.

(18)Existing federal law authorizes the state to obtain waivers for home- and community-based services. Existing law authorizes the State Department of Health Care Services to seek an increase in the scope of these waivers, in order to enable additional nursing facility residents to transition into the community, subject to implementation of these amended waivers upon obtaining federal financial participation, and to the extent the department can demonstrate fiscal neutrality within the overall department budget.

This bill, notwithstanding the 66-hour workweek limit, would require the department to grant an exemption to a provider of an applicant or participant of the Nursing Facility/Acute Hospital Waiver or the In-Home Operations Waiver, or their successors, whose medical or behavioral needs require that the services be provided by the requested provider, if one of specified circumstances exists. For a waiver participant who enrolled in either waiver after January 31, 2016, the bill would require the department to grant a provider an exemption on a case-by-case basis, as specified. The bill would authorize a provider of in-home supportive services or waiver personal care services who is granted an exemption to work up to a total of 12 hours per day, and up to 360 hours per month, as specified. The bill would require the department to record the number of requests for exemptions, as specified. The bill would make implementation of these provisions subject to the above-described federal financial participation and fiscal neutrality. The bill would also make conforming changes to related provisions.

(19)Existing law provides for the establishment of a statewide electronic benefits transfer (EBT) system, administered by the State Department of Social Services, for the purpose of providing financial and food assistance benefits.

This bill would require the electronic benefits system to be designed to include a flexible benefit issuance mechanism that can target multiple populations with specific benefits and allows the department flexibility to provide benefits for specific populations. The bill would require the flexible benefit issuance mechanism to become operative within 9 months of the date the Department of Social Services certifies and publishes on the department's Internet Web site that the 3rd generation of electronic benefits transfer system has otherwise been fully implemented.

This bill, until July 1, 2020, would require the department to create the Safe Drinking Water Supplemental Benefit Pilot Program to provide time-limited additional CalFresh nutrition benefits to residents of prioritized disadvantaged communities that are served by public water systems that consistently fail to meet primary drinking water standards. The bill would require the benefits to be delivered through the EBT system's flexible benefit issuance mechanism. The bill would make these provisions inoperative on July 1, 2020, and would repeal them as of January 1, 2021.

(20)Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. Existing law requires that the contracts awarded meet certain conditions.

Existing policy of the United States Department of Homeland Security, Deferred Action for Childhood Arrivals (DACA), and proposed policy of the United States Department of Homeland Security, Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA), provide that certain persons who do not have legal status in the United States and who meet specified guidelines may apply for deferred action on removal from the United States, as specified.

Existing law also requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations, as specified, to be used to provide persons living in California with specified services, including services to assist with the application process for initial or renewal requests of deferred action under the DACA and DAPA policies, and to provide legal training and technical assistance to other qualified organizations. Existing law requires the State Department of Social Services, subject to the availability of funding, to provide grants to qualified organizations to provide free education and outreach information, services, and materials about DACA, DAPA, naturalization, or other immigration remedies. Existing law requires the State Department of Social Services to update the Legislature on specified information in the course of budget hearings.

This bill would expand the legal services for which grants are available to refer to "immigration remedies," as specified, and would delete the specific references to DAPA. The bill would instead authorize the department to provide grants to qualified organizations to provide legal training and technical assistance, as defined. The bill would make these services available to persons presently or formerly residing in California. The bill would require the department to update the Legislature on additional information in the course of budget hearings, including the administration of the grant program.

This bill would authorize the State Department of Social Services to transfer funds appropriated for purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations among any of the services provided in response to the results of requests for applications received or to changing state or federal law. The bill would require the department to provide written notification to the Joint Legislative Budget Committee of certain information following the transfer of funds among those services under those circumstances, and would require the department, subsequent to this notification, to provide written notification to the Department of Finance and the Joint Legislative Budget Committee no less than 30 days prior to either any proposed changes that adjust the aggregate amount awarded for any particular service provided by a qualified organization awarded a grant by more than 15% or for any proposed transfers of funding between the purposes of contracting with qualified nonprofit legal services organizations and providing grants to qualified organizations. The bill would authorize a grantee whose grant was awarded prior to the effective date of the bill to provide any of the services authorized pursuant to the bill, pursuant to an agreement with the department. The bill would prohibit the use of grant funds to provide legal services, as described, to an individual who has been convicted of, or who is currently appealing a conviction for, a violent felony or a serious felony, except as specified. The bill would provide that the above-described provisions are severable.

(21)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

(22)This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Vote: MAJORITY   Appropriation: YES   Fiscal Committee: YES   Local Program: YESNO  

The people of the State of California do enact as follows:


SECTION 1.

 Item 9100-101-0001 of Section 2.00 of the Budget Act of 2017 is amended to read:
9100-101-0001—For local assistance, Tax Relief ........................
432,001,000
Schedule:
(1)
7500-Homeowners' Property Tax Relief ........................
420,000,000
(2)
7505-Subventions for Open Space ........................
1,000
(3)
7520-Local Update of Census Address Program ........................
7,000,000
(4)7570-Reimbursement for Recall Elections ........................ 5,000,000
Provisions:
1.
The amount appropriated in Schedule (1) is for reimbursement to local taxing authorities for revenue lost by reason of the homeowners' property tax exemption granted pursuant to subdivision (k) of Section 3 of Article XIII of the California Constitution. The appropriation made in that schedule shall be in lieu of the appropriation required pursuant to Section 25 of Article XIII of the California Constitution and the appropriation for the same purposes contained in Section 16100 or 16120 of the Government Code.
2.
Notwithstanding any other law, the Director of Finance may authorize expenditures for Schedule (1) in excess of or less than the amount appropriated not sooner than 30 days after notification in writing of the necessity therefor is provided to the chairpersons of the fiscal committees of each house of the Legislature and the Chairperson of the Joint Legislative Budget Committee, or not sooner than whatever lesser time the chairperson of the joint committee, or his or her designee, may in each instance determine.
3.
The amount appropriated in Schedule (2) is for providing reimbursement to local taxing authorities for revenue lost by reason of the assessment of open-space lands under Sections 423, 423.3, 423.4, and 423.5 of the Revenue and Taxation Code, and in accordance with Chapter 3 (commencing with Section 16140) of Part 1 of Division 4 of Title 2 of the Government Code. The appropriation made in that schedule shall be in lieu of the appropriation for the same purpose contained in Section 16100 or 16140 of the Government Code. The Controller shall allocate these funds in accordance with Section 16144 of the Government Code. The Controller shall reduce all payments on a pro rata basis as necessary so that the total of all payments does not exceed the amount appropriated in Schedule (2).
4.
The amount appropriated in Schedule (3) is for grants for cities and counties that participate in the federal Local Update of Census Addresses Program. Upon certification by the Department of Finance that a city or county has met applicable benchmarks, the funds appropriated in Schedule (3) shall be allocated to the local jurisdictions by the Controller according to schedules provided by the Department of Finance. In addition, of the amount appropriated in Schedule (3) (3), up to five percent may be used by the Department of Finance for costs related to hiring a Census Outreach Coordinator for the 2017–18, 2018–19, and 2019–20 fiscal years. administrative costs to support the program and other activities related to the 2020 federal decennial census. The amount appropriated in Schedule (3) shall be available for encumbrance or expenditure until June 30, 2020.
5.The amount appropriated in Schedule (4) is for allocation to counties to pay for the costs of state recall elections, including expenses for verifying signatures, printing ballots and voter information guides, and operating polling places in accordance with Section 11108 of the Elections Code.
(a)Upon approval of the Director of the Department of Finance, up to $1,000,000 may be used for county signature verification and withdrawal expenses, and up to $4,000,000 may be used for county recall expenses.
(b)Any expenditure of funds shall be authorized no sooner than 30 days following the transmittal of the approval to the Chairperson of the Joint Legislative Budget Committee.
(c)The Controller shall allocate funds to local jurisdictions according to a schedule provided by the Department of Finance.
(d)Any funds that are not allocated by June 30, 2018, shall revert on July 1, 2018, to the General Fund.

SEC. 2.

 Section 39.00 of the Budget Act of 2017 (Chapter 249 of the Statutes of 2017) is amended to read:

SEC. 39.00.

 The Legislature hereby finds and declares that the following bills are other bills providing for appropriations related to the Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution: AB 99, AB 100, AB 101, AB 102, AB 103, AB 104, AB 105, AB 106, AB 107, AB 108, AB 110, AB 111, AB 112, AB 113, AB 114, AB 115, AB 116, AB 117, AB 118, AB 119, AB 121, AB 124, AB 125, AB 126, AB 127, AB 129, AB 130, AB 131, AB 133, AB 135, AB 136, AB 137, SB 83, SB 84, SB 85, SB 86, SB 87, SB 88, SB 89, SB 90, SB 91, SB 92, SB 94, SB 95, SB 96, SB 97, SB 98, SB 99, SB 101, SB 102, SB 103, SB 104, SB 106, SB 109, SB 110, SB 111, SB 112, SB 114, SB 115, SB 116, SB 117, SB 118, SB 120, SB 121, and SB 122. 122, in the form that these bills existed at the time that the act amending this section of the Budget Act of 2017 took effect.

SEC. 3.

 This act is a Budget Bill within the meaning of subdivision (e) of Section 12 of Article IV of the California Constitution and shall take effect immediately.